APHC010635302025 IN THE HIGH COURT OF ANDHRA PRADESH TUESDAY, THE TWENTY FIFTH DAY OF NOVEMBER TWO THOUSAND AND TWENTY FIVE THE HONOURABLE SRI JUSTICE CHEEKATI MANAVENDRANATH ROY THE HONOURABLE SRI JUSTICE TUHIN KUMAR GEDELA WRIT PETITION NO: 32839/2025 Between: 1. PATTAPU SRINIVASULU, S/O. VENKATA SESHAIAH AGED ABOUT 45 YEARS, R/O D.NO. 1 DISTRICT 1. THE DEBTS RECOVERY TRIBUNAL, TRIBUNAL REP. BY ITS CHAIRMAN, VISAKHAPATNAM 2. CHOLAMANDALAM INVESTMENT AND FINANCE COMPANY LTD, REP. BY ITS AUTHORISED OFFICER CHOLA CREST, C54 SUPER B-4, THIRU CHENNAI, TAMIL NADU Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased topleased to issue an appropriate Writ, order or direction mostly one which is in the nature of a Writ of Mandamus declaring the Advocate Commissioners Notice dated 22 respect to land admeasuring an extent of Sy. No. 108/2 consisting of 60 Ankanams or 480 Sq.Yards of vacant site and a R Pantapelem Village, Muthukur Mandal, Gudur District as illegal, arbitrary and violative of principles of natural justice and Articles 14, 19, 21 and 300 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) TUESDAY, THE TWENTY FIFTH DAY OF NOVEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE CHEEKATI MANAVENDRANATH ROY HONOURABLE SRI JUSTICE TUHIN KUMAR GEDELA WRIT PETITION NO: 32839/2025 PATTAPU SRINIVASULU, S/O. VENKATA SESHAIAH AGED ABOUT 45 YEARS, R/O D.NO. 1-96L, PANTAPALEM, SPSR NELLORE ...PETITIONER AND THE DEBTS RECOVERY TRIBUNAL, VTHE DEBTS RECOVERY TRIBUNAL REP. BY ITS CHAIRMAN, VISAKHAPATNAM CHOLAMANDALAM INVESTMENT AND FINANCE COMPANY LTD, REP. BY ITS AUTHORISED OFFICER CHOLA CREST, C54 4, THIRU-VI-KA INDUSTRIAL ESTATE, GUINDY, CHENNAI, TAMIL NADU - 600032 ...RESPONDENT(S): Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased topleased to issue an appropriate Writ, order or direction mostly one ch is in the nature of a Writ of Mandamus declaring the Advocate Commissioners Notice dated 22-11- 2025 issued to the Petitioner with respect to land admeasuring an extent of Sy. No. 108/2 consisting of 60 Ankanams or 480 Sq.Yards of vacant site and a RCC roof house in Pantapelem Village, Muthukur Mandal, Gudur District as illegal, arbitrary and violative of principles of natural justice and Articles 14, 19, 21 and 300 IN THE HIGH COURT OF ANDHRA PRADESH [3558] TUESDAY, THE TWENTY FIFTH DAY OF NOVEMBER THE HONOURABLE SRI JUSTICE CHEEKATI MANAVENDRANATH ROY HONOURABLE SRI JUSTICE TUHIN KUMAR GEDELA PATTAPU SRINIVASULU, S/O. VENKATA SESHAIAH AGED ABOUT 96L, PANTAPALEM, SPSR NELLORE ...PETITIONER VTHE DEBTS RECOVERY TRIBUNAL REP. BY ITS CHAIRMAN, VISAKHAPATNAM CHOLAMANDALAM INVESTMENT AND FINANCE COMPANY LTD, REP. BY ITS AUTHORISED OFFICER CHOLA CREST, C54-55 KA INDUSTRIAL ESTATE, GUINDY, ...RESPONDENT(S): Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased topleased to issue an appropriate Writ, order or direction mostly one ch is in the nature of a Writ of Mandamus declaring the Advocate 2025 issued to the Petitioner with respect to land admeasuring an extent of Sy. No. 108/2 consisting of 60 CC roof house in Pantapelem Village, Muthukur Mandal, Gudur District as illegal, arbitrary and violative of principles of natural justice and Articles 14, 19, 21 and 300-A of 2 CMR,J & GTK,J W.P.No.32839 of 2025 the Constitution of India and set aside the same and consequently direct the Respondents not to dispossess the Petitioner from the subject property till he approaches the Respondent No. 1 and pass IA NO: 1 OF 2025 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased pleased to stay all further proceedings in pursuance of Advocate Commissioner’s Notice dated 22-11-2025 with respect to the Petitioner property i.e. land admeasuring an extent of Sy. No. 108/2 consisting of 60 Ankanams or 480 Sq.Yards of vacant site and a RCC roof house in Pantapelem Village, Muthukur Mandal, Gudur District pending disposal of the above Writ Petition and pass Counsel for the Petitioner: 1. SODUM ANVESHA Counsel for the Respondent(S): 1. 3 CMR,J & GTK,J W.P.No.32839 of 2025 The Court made the following: ORDER: (Per Hon’ble Sri Justice Cheekati Manavendranath Roy) Heard learned counsel for the petitioner. 2. This writ petition is filed challenging the legal validity of the notice dated 22.11.2025 issued by the Advocate Commissioner to take possession of the secured asset, pursuant to the direction given by the learned Magistrate. 3. To a pointed question, as to why the petitioner has approached this Court, without approaching the Debts Recovery Tribunal for redressal of his grievance, learned counsel for the petitioner submits that the presiding officer of the Debts Recovery Tribunal is on leave and the Tribunal is not functioning and as such, she is constrained to approach this Court. 4. It is brought to our notice that the presiding officer is on leave till 26.11.2025. Therefore, he will be resuming his duty on 27.11.2025. 5. So, in the said facts and circumstances of the case, we are of the considered view that this writ petition can be disposed of with a direction to the Debts Recovery Tribunal to consider the securitization application that may be filed by the petitioner before the Debts Recovery Tribunal and the Interlocutory application filed along with it, on 27.11.2025, without fail, as it is stated that the date to take possession of the property is given on 28.11.2025. It is made clear that we are not expressing anything on the merits of the case and the Debts Recovery Tribunal shall dispose of the stay application, in accordance with law, on merits, by 27.11.2025. 6. The Writ Petition is disposed of, accordingly, with the above direction. There shall be no order as to costs. 4 CMR,J & GTK,J W.P.No.32839 of 2025 As a sequel, Interlocutory Applications pending, if any, shall stand closed. ________________________________________ JUSTICE CHEEKATI MANAVENDRANATH ROY _____________________________ JUSTICE TUHIN KUMAR GEDELA Date: 25.11.2025 Note: Issue C.C. by today B/o. MDP